Church, State, and Original Intent

Reviews / Votes

'To a crowded field of scholarship Don Drakeman has contributed a real gem. His Church, State, and Original Intent is expertly researched. Drakeman has found some new and intriguing clues to the original understanding of the Religion Clauses. He also offers fresh and persuasive interpretations of familiar evidence. And the book is a great read; Drakeman is a gifted story-teller.' Gerard Bradley, University of Notre Dame 'No provision of the U.S. Constitution, the Supreme Court has said, is more illuminated by its generating history than the First Amendment prohibition on laws 'respecting an establishment of religion'. Without a partisan agenda, Donald L. Drakeman thoughtfully, thoroughly, and expertly revisits the original meaning of the prohibition on a national establishment, pursuing new lines of inquiry, delving into long forgotten or ignored evidence, and challenging long-held assumptions. He casts new light on the historians and historical accounts that have influenced the Court's interpretation of the constitutional provisions governing church-state relationships. Church, State, and Original Intent is indispensable reading for anyone interested in religious liberty or church-state relations in the American experience.' Daniel L. Dreisbach, American University and author of Thomas Jefferson and the Wall of Separation Between Church and State 'For too long, an incomplete narrative has shaped - and misshaped - the Supreme Court's doctrines and our public conversations about the First Amendment's Establishment Clause. In this book, Donald Drakeman provides a timely and thorough corrective to that narrative. He carefully scrapes away the political agendas, ideological commitments, and 'law office history' that have too often obscured from view the Clause's original meaning. Drakeman's project, therefore, is both provocative and liberating: he unsettles our many unfounded assumptions and, by helping us to see the First Amendment clearly and in context, he challenges us to re-think that provision's place in our continuing debates about the proper relationship between church and state.' Richard W. Garnett, University of Notre Dame Law School 'This devastating critique of the Supreme Court's use of history should be read by everyone concerned with religious freedom in particular and jurisprudence in general. Through meticulous original research, Drakeman exposes the anti-Catholic foundation of the Court's 'wall of separation' between church and state. His provocative account of the Court's seminal church-state decisions and his thoughtful interpretation of the Establishment Clause's original meaning will engage church-state scholars and enlighten all those interested in American constitutional history.' Vincent Phillip Munoz, University of Notre Dame 'Church, State, and Original Intent is an ambitious book that addresses a number of issues within legal history and philosophy, constitutional law, and law and religion more generally. At its finest, the book draws these different fields together into a wide ranging thesis that challenges established conversations about the relationship between law and religion within the American constitutional framework. By questioning the accumulated weight of scholarly assumptions, Drakeman clears space for law and religion scholarship to move in new and creative directions.' Journal of the American Academy of Religion 'This is a text that will interest anyone searching for an understanding of the sources of tension the United States faces in complying with the establishment clause ...' Theological Book Review 'Donald Drakeman has produced a rich and nuanced history of the First Amendment clause on religion from the debates surrounding its adoption in 1791 to the present ... The results of his labor will challenge any reader to re-examine his or her thoughts on the meaning of those deceptively simple words: 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof'.' Borden Painter, Reviews in Religion and Theology '... convincing and fine scholarship ...' Reviews in Religion and Theology